Madras High CourtCRL OP(MD)/18274/2021dismissed

Ayyadurai v. The Inspector Of Police

2023-09-14Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.10044 of 2021 1.Ayyadurai, S/o.Nallu 2.Selvi, W/o.Ayyadurai ... Petitioners Vs.

1.The State rep. by The Inspector of Police, District Crime Branch (ALGSC), Dindigul District.

(Crime No.38 of 2021) 2.Ravi, S/o.Thandapani ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for all the records pertaining to the impugned F.I.R. registered in Crime No.38 of 2021, dated 12.11.2021, on the file of the first respondent and quash the same. For Petitioners :

Mr.M.Saravanan For R1 :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R2 :

Mr.N.Marimuthu 1/4

ORDER

The petitioners, who are Accused Nos.1 and 2, have filed this Criminal Original Petition, seeking to quash the F.I.R. registered in Crime No.38 of 2021, dated 12.11.2021, on the file of the first respondent.

2. The contention of the petitioners is that, on 23.01.1991, the second respondent's/de-facto complainant's father purchased the property comprised in S.No.504/1c and thereafter, in the year 2009, the first petitioner/A1 purchased the property from the second respondent's father by way of registered sale deed, dated 17.09.2009. Thereafter, the first petitioner/A1 settled the property in favour of his wife, namely, the second petitioner herein/A2. Subsequently, the second respondent/de-facto complainant lodged a complaint stating that the parent document pertaining to the said property are available with him and the petitioners have committed the offences of cheating and forgery.

3. The learned Additional Public Prosecutor for the first respondent and the learned counsel for the second respondent/de-facto complainant submit that in this case, investigation has been completed and charge sheet 2/4

has been filed in C.C.No.40 of 2022 against the petitioners before the learned Judicial Magistrate No.II, Dindigul, for the offences under Sections 420, 467, 470, 471, 294(b) and 506(i) I.P.C.

4. Recording the above said submission, this Criminal Original Petition is dismissed, by giving liberty to the petitioners to challenge the charge sheet, if they desire so. Consequently, connected Miscellaneous Petition is closed.

14.09.2023 Index : Yes/No Internet: Yes/No smn2 To 1.The Inspector of Police, District Crime Branch (ALGSC), Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR, J.

smn2 Order made in 14.09.2023 4/4